CAA request updates / results part 2

Mateusrojo

Sorry for anothe post - if sending off for CCA's then do i switch to the other thread with my posts?

never-in-doubt

Mateusrojo wrote: »

Sorry for anothe post - if sending off for CCA's then do i switch to the other thread with my posts?

Don't worry, just send this and do it asap:: 1. CCA Request

Bear in mind they will not apply for a CO this soon and you also have more than enough time..... just chill and send this, to each creditor for debts before April 2007 excluding bank accounts (overdrafts).

Mateusrojo

Just a couple of final questions:

1. Does anyone have any experience of how personal financial defaults affect their business borrowings?
2. Is anyone challenging the right of companies to lodge defaults due to unenforceability? ie any court cases pending re this
3. Once you stopped payments will companies always default you and is there a timescale for them to do this - i.e if i stop paying this year and for some reason they do not list a default can they then come back two years from now and do so - thus starting me off on a new six years???

thanks again - preparing letters as we speak - discovered I have already 3 defaults - one not relating to me but someone of a similar name? should i bother trying to have this removed.
2 defaults relating to mortgage!! as mortgage is in two parts!!! but with same company- want to keep my mortgage so do i just keep paying them - will these payments then show up!!

never-in-doubt

Mateusrojo wrote: »

1. Does anyone have any experience of how personal financial defaults affect their business borrowings?

It will affect you adversely, if you're a sole trader or director then you get credit scored as an individual so you'll likely be declined.

Mateusrojo wrote: »

2. Is anyone challenging the right of companies to lodge defaults due to unenforceability? ie any court cases pending re this

McGuffick v RBS case last year - judge stated the lender could add a default so that is the current case law we refer to, i.e. they can default you. Pointless fighting it cos all judges will refer to this case law.

However read this, for later use - if a default gets added incorrectly: Invalid Default Notices - Default Removal

Mateusrojo wrote: »

3. Once you stopped payments will companies always default you and is there a timescale for them to do this - i.e if i stop paying this year and for some reason they do not list a default can they then come back two years from now and do so - thus starting me off on a new six years???

They invariably default you, as it was indeed a true reflection of the account, i.e you did default (or will)..... they should add it within a few weeks but yea, if they never defaulted you at the beginning and just leave the account in arrears then they can default you in 5 years time, i.e 1 year prior to statute barred.

bear in mind that statute barred kicks in 6 years from date you last paid so that would mean they cannot ask for money, but there may well be a record at the CRA's for many years - although to be fair most go within the first 6 years as the lender will default you quite quickly......

Mateusrojo wrote: »

thanks again - preparing letters as we speak - discovered I have already 3 defaults - one not relating to me but someone of a similar name? should i bother trying to have this removed.

If it is not you then contact the CRA (online query) and they will remove it directly for you....

Mateusrojo wrote: »

2 defaults relating to mortgage!! as mortgage is in two parts!!! but with same company- want to keep my mortgage so do i just keep paying them - will these payments then show up!!

You are defaulted with your mortgage? shocking mate :eek: :eek:

Mateusrojo

Hi re McGuffick v RBS case last year - knew from what you had previously said that this was what was now happening - but just curious as to whether anyone is challenging it - is it being appealed for example

Hoping obviously that all companies will statue bar me if unenforceable so the clock will start ticking!!

Also finally - I hope! should i try to make some payments meantime to avoid further defaults prior to checking enforceability - just in case they are enforceable or is it really irrelevent if i have one or many? (am i F**ked in any case!!)

Re mortgage - i know you said eek but what is the position??

Have also checked husbands credit record and he has no defaults - so should we split joint account? He is also director in business so will this help with this at all?

thanks, thanks and thanks again! and I have read all 117 pages of other thread! - nice way to spend Sunday evening with a G&T!

never-in-doubt

Mateusrojo wrote: »

Hi re McGuffick v RBS case last year - knew from what you had previously said that this was what was now happening - but just curious as to whether anyone is challenging it - is it being appealed for example

It will be appealed, yes. From what we've been told of course, but no guarantee.....

Mateusrojo wrote: »

Hoping obviously that all companies will statue bar me if unenforceable so the clock will start ticking!!

Companies don't SB you - the debt becomes SB is no payment or acknowledgement within 6 years.....

Mateusrojo wrote: »

Also finally - I hope! should i try to make some payments meantime to avoid further defaults prior to checking enforceability - just in case they are enforceable or is it really irrelevent if i have one or many? (am i F**ked in any case!!)

NO! Don't do this - you're already fooked so best to just wait for CCA's coming back, do not admit to or pay anything right now! :eek:

Mateusrojo wrote: »

Re mortgage - i know you said eek but what is the position??

Yea, I cannot figure how you can have a default for your mortgage lol - nuts! I thought they sold it (repo) when you go into arrears....

Mateusrojo wrote: »

Have also checked husbands credit record and he has no defaults - so should we split joint account?

Yes or you'll become financially linked........

Mateusrojo wrote: »

He is also director in business so will this help with this at all?

It will hinder him and his credit if you remain linked.

Mateusrojo wrote: »

thanks, thanks and thanks again! and I have read all 117 pages of other thread! - nice way to spend Sunday evening with a G&T!

LOL, sorry for the pain of having to read all that :rotfl: :rotfl:

Mateusrojo

Dont know how to quote! - but should have said that I hope companies will default me (not statue bar - opps) - need to get my language right

Ok - so wont make any payments to any pre 07 accounts but I need to keep paying the one which was taken out in 2008 as this is enforceable?

Also Have had a quick look at the couple of SARs I requested - am i right in thinking that if they had an agreement they should have sent it as part of the SAR?

thanks again

never-in-doubt

Mateusrojo wrote: »

Dont know how to quote! - but should have said that I hope companies will default me (not statue bar - opps) - need to get my language right

Ok - so wont make any payments to any pre 07 accounts but I need to keep paying the one which was taken out in 2008 as this is enforceable?

Also Have had a quick look at the couple of SARs I requested - am i right in thinking that if they had an agreement they should have sent it as part of the SAR?

thanks again

Hiya

No, unlike a CCA Request which is made under s.77-s.79 of CCA 1974, the SAR is simply dealt with under s.7 DPA(1998) which have no legal powers therefore to get the agreement you should send a CCA request which gives you legal backing - a SAR does not and also gives them 40 days, unlike 14 with CCA Request.

Stick to one thread and ask if unsure then we'll guide you.

The post 04/07 accounts have to be repaid as do bank current accounts.

Mateusrojo

Hi again

My husband has always said i keep too much paper work! but unbelievably i have found that i do have the copy of my egg card agreement which contains the Approved limit line which you have mentioned before!
From your previous statements this is then unenforceable right? :j

However as I have this in my records should I then still send letter 1 requesting it from them OR which letter do I send them!

Sorry I didnt check this a long time ago - my largest amount of credit card debt is with them and they have been taking the most per month and having the most success getting money from my account due to the timing of their direct debit!!

never-in-doubt

Mateusrojo wrote: »

Hi again

My husband has always said i keep too much paper work! but unbelievably i have found that i do have the copy of my egg card agreement which contains the Approved limit line which you have mentioned before!
From your previous statements this is then unenforceable right? :j

However as I have this in my records should I then still send letter 1 requesting it from them OR which letter do I send them!

Sorry I didnt check this a long time ago - my largest amount of credit card debt is with them and they have been taking the most per month and having the most success getting money from my account due to the timing of their direct debit!!

Hiya - I started a thread on it here: Egg Card - CCA Flawed?